Brown v. City of Topeka

The opinion of the court was delivered by

Hutchison, J.:

This action was brought by a number of owners of property abutting on McVicar street in the city of Topeka who resided thereon, to enjoin the city of Topeka from changing the name of McVicar street to Washburn avenue, which it had attempted to do by ordinance passed by the city on July 16, 1935, claiming (1) that there was no legislative grant of authority to the city commissioners to pass and enforce such an ordinance; (2) that the plain-' tiff property owners on the street have a vested property right in the name of the street, of which…